Posted on 02/17/2006 10:29:57 AM PST by TXBSAFH
Last year, zombie debt collectors bought $75 billion in old debt. Now, they are trying to get people to pay up. But the truth is, it may be a debt you never owed or no longer need to pay.
The zombie nightmare began for Pamela Stokely with this phone call from a debt collector saying she owed money:
"We've been trying to get in contact with you. You haven't been responding to any of our phone calls. It is imperative that you return our phone call as soon as possible. I believe it is in your best interest to return this call as soon as possible."
"These people were telling me if I don't pay like $4,000 to $5,000, they were going to put this debt back on my credit report showing that it was never paid. And it's like, OK, how can they do this?" Stokely wondered.
They do this because they're zombie debt collectors, companies that specialize in going after old or bad debt, usually by intimidating consumers. They were after Stokely for a delinquent car loan that she ultimately had paid in full.
"There was a judgment and it was paid off back in -- I think the final payment was in 1999," Stokely said.
Often the phone calls are so harassing that the consumer feels threatened.
Consumer attorney Sonya Smith-Valentine said that zombie debt collectors might not check the validity of the debt. They just start making phone calls.
"They're the debt collectors that go out and buy debt that is 10-year old, or debt that has been discharged in bankruptcy, or debt that might not even belong to the person who they think they're trying to collect from," Smith-Valentine said.
"I've been authorized to process file #784," one phone call said.
Consumer advocates say the zombie's goal is often to get people to pay just to stop their harassment, and it can be a very lucrative goal.
"Let's say somebody has a $100 debt. Well, they start harassing that person, and if that person pays that $100, they've made a profit of $98.98," Smith-Valentine said.
To get you to pay up, zombie debt collectors do things like threaten to sue, threaten to have you arrested, try to get you to accept a bait-and-switch credit card which has the old debt secretly tacked on or promise to clear an old debt from your credit report for a token payment, which, in fact, can reactivate that debt.
They often threaten these things because most consumers don't know that they can't do it.
Consumer advocates say if a zombie debt collector stalks you, you should learn about your rights and know the statute of limitations, which is usually seven years. Write the collection agency and demand that it stop contacting you. Also, you should keep an eye on your credit report.
The Consumer Alert bottom line is that you should know your rights:
Debt collectors may not call you before 8 a.m. or after 9 p.m.
They may not contact you at work if they know your employer disapproves.
They may not harass or abuse you and they cannot lie.
They must stop contacting you if you ask them to do so in writing.
If you think a debt collector has violated your rights, complain to your state's attorney general's office.
The consumer attorney also said that if a zombie debt collector violates your rights, you can sue them, and if you win, the judge may order the debt collector to pay your attorney's fees.
ll you need to do is write a certified letter to the collection agency, keep a copy for yourself, disputing thew debt, notifying it of your payment, and threaten to go to the Attorney General and FTC as well as sue under the Fair Debt Act and they will leave you alone.
I do collection work myself and that sort of thing would scare me right off the case alot of times if the debt is old or small.
Rob Zomibe is one cool cat. House of 1000 corposes scared my girlfriend for like a month!
His musci is good too.
I have a collection agency and we abide by the FDCPA to the letter.
If a debtor or alleged debtor for that matter writes me a letter like that, I send the file back to the client and tell them to get another attorney to sue or write it off.
The potential liability on my end is too high to screw around.
Good point! It also does not apply to commercial debt.
Oh, I knew you meant it in good fun. The guy looks huge with that getup on. Seems a lot smaller in street clothes! It was a great show. He has a lot more energy on stage than I expected (kept thinking he was going to trip the way he was jumping off the risers he had up there). He was recording for a live album too, so he did a bunch of White Zombie songs.
He's back in March to kick off his tour for his new album, and I'll be there.
Well, thanks for posting that. I read it, and the call described violated several provisions. I'm not bellyaching.
Are you in the debt collection business? Well, you can forget about me. I have no debts at all.
You *rock* Chris! I have been trying to get everything cleaned up, but it's been an uberchallenge. Now I think I know why. I'd still love to find out why Equifax thinks I have a mortage, though.... I am still waiting on my report from them. *feh*
Good information, thanks.
In your letter, write the following:
"I dispute this bill in its entirety and demand that you cease and desist from contacting my home via telephone call. All communications must be via first class mail.
Additionally, I demand that you produce copies of the original documentation upon which this alleged debt is due, including copies of all statements and notices sent to me. If you are not the orignal creditor, I demand that you produce a copy of all documentation, included but not limited to: assignments, purchase contracts, bills of sale, whatsoever related to this matter.
Please be advised that if I do not receive the requested documentation within 30 days, I will assume that you do not posses any such information and that this debt is not owed or valid. Accordingly, any such further attempts to collect money from me are illegal under the FDCPA for which I will refer you to the FTC. Additionally, I will move for legal costs and expenses as permitted under said statute.
Please be further advised that I have already consulted with a consumer protection attorney who has advised me that your actions thus far may already constitute a violation of the FDCPA for which your company may be reported and held liable."
Use something like that you are likely never to hear from them again provided in fact that you really don't owe the money.
Definitely! I can tell you that this is going to help a lot of people out. I wonder how many are getting screwed over by these guys!
What are the odds that you won't hear from them again even if you do owe the money?
Not that much if the amount is small or they think the person can't pay. If the person has otherwise great credit, they will probably still try, otherwise, they probably will figure its not worth the fight.
Pingaroonie, lotsa good info here.
I am sometimes accused of being too nice to the point of costing the firm money for not being agressive in this manner. My response is that we're doing just fine and if my gravestone ends up reading "He was too nice a guy",... I think I can live with that legacy.
Believe it or not, we have a very very high collection rate BECAUSE I refuse to berate belittle and step on people who are down. We work with people in all sorts of ways, many times to the dislike of the client. But my job is to get results, not be right.
My motto is this: "I don't want to be right, I want to get paid."
Too often, people are more concerned about stepping on people than simply working with them to resolvethese issues.
To me, I have turned many many debtors into clients because of how I deal with people.
There is a lot of bogus debt as the result of stolen identities and social security numbers.
Wait till you get a bill for medical care that didn’t occur or credit cards you never had.
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